mar-hal and police jus Sec. 34. It shall be the duty of the marshal to arrest drunken and Duties of disorderly, brawling or riotous person or persons, or any other person tice. whom he may find within said village, disturbing the peace of the inhabitants thereof, and to take such person or persons before the police justice of the village, and the said police justice shall thereupon proceed to hear, try and determine the matter upon proof, in a summary manner, and upon conviction of such person or persons, may sentence such person to pay a fine of not more than five dollars and costs, or to be committed to imprisonment in the county jail not more than ten days, or both such fine and imprisonment, at his discretion, and may further require such person to enter into recognizance in a sum not exceeding fifty dollars, to keep the peace, and for his good behavior for six months thereafter, and the sheriff of the county of Jackson is hereby authorized and required to receive and safely keep in jail such persons so committed such time as is prescribed in the warrant of commitment, upon the same terms as is provided for similar offences by the laws of this state. Sec. 35. The marshal shall have the general provision of the streets, Marshal. lanes, alleys and side-walks in said village, under the direction of the common council, and shall see that the by-laws and ordinances of said village are duly and properly observed, within said village, and shall perform such other duties as the common council may direct, and shall receive such compensation for such services as the common council shall allow. of real estate quent taxes. Sec. 36. Whenever any real estate shall be sold by said marshal for taxes, notice thereof shall be published in a newspaper printed in Notice of sale said village, once in each week for at least four weeks, and the said for delinmarshal shall give to the purchaser or purchasers of any such lands, a certificate in writing, describing the lands purchased, and the time when the purchaser will be entitled to a deed for said land, and if the person claiming title to the said lands described in the sale shall not within one year from the date thereof, pay the treasurer of said village after sale. for the use of the purchaser, his heirs or assigns, the sum mentioned in such certificate, together with interest thereon, at the rate of ten per cent. per annum from the date of such certificate, the said marshal or his successor in office, shall, at the expiration of the said one year, execute to the purchaser, his heirs or assigns, a conveyance of the lands Redemption so sold, which conveyance shall vest in the person or persons to whom it shall be given an absolute estate in fee simple, su ject to all the claims the state shall have thereon, and the said conveyance shall be prima facia evidence that the proceedings were regular according to the provisions of this act, and every such conveyance executed by said marshal under his hand and seal, and witnessed and acknowledged by the proper officer and recorded in the usual form, may be given in evidence in the same manner and with like effect as a deed regularly executed and acknowledged by the owner and duly recorded, may be given in evidence, and all personal estate so sold shall be sold in such manner as the common council may direct. And the common counSale of ner- cil may upon satisfactory evidence upon oath of the payment of any tax upon real estate, and that the same has been returned by mistake or otherwise improperly, or for any other irregularity in the return and sale of such real estate, cancel the certificate of sale before the same has been deeded, and may thereupon draw a warrant upon the treasurer for the amount of the purchase money and seven per cent. interest, and no deed shall thereupon be given upon such certificate of sale. Bond prop. erty. Fire companies, Sec. 37. Each fire, hose and hook and ladder company of said village shall have power to appoint their own officers, pass by-laws for the organization and good government of said companies, subject to the approval of the common council, and may impose and collect such fines for the non-attendance or neglect of duty of any of its members as may be established by such by-laws and regulations of every company; and every person belonging to such company shall obtain from the recorder of said village a certificate to that effect, which shall be evidence thereof, and the members of such company during their continuance as such, be exempt from serving on juries and working a poll tax on the highway or streets in said village; and it shall be the duty of every fire company to keep in good and perfect repair the fire engine, hose, ladders and other instruments of such company, and it shall be the duty of each fire company to assemble once in each month, and as often as may be directed by said common council, for the purpose of working or examining said engine and other implements with a view to their perfect order and good repair; upon the breaking out of any fire in si village, the marshal shall immediately repair to the place of such fire and aid and assist as well in extinguishing such fire as in Fire ward preventing any goods from being stolen, and also in removing and se- ir ach f Sec. 38. If any person shall keep an inn or tavern, or common Penalties for victualer's shop in said village of Jackson, without being licensed conse therefor by the common council thereof, he shall forfeit and pay for the use of said village the sum of one hundred dollars. Sec. 39. If any person shall retail or sell within said village any brandy, rum, gin, whiskey or other spirituous liquors, or any mixed li- fbid: ↑ quors, part of which is spirituous, or any wine, beer or cider, in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, without being licensed there'o by the said common council, he shall forfeit and pay for the use of said village, the sum of twenty-five dollars for each and every offence; and no license so granted to keep an inn, tavern or common victualer's shop, shall protect any person from the penalty herein provided, for the sale of spirituous liquors, wine, beer or cider, unless the license shall expressly state therein that the person named in such license is authorized to sell such spirituous liquors, wine, beer or cider; any such penalties may be recovered in an action of debt by and in the name of the common council of the village of Jackson, before any court of competent jurisdiction. Sec. 40. The declaration in any suit instituted to recover any penalty or penalties, forfeiture or forfeitures, incurred as provided for in claration in Form of de- this act, may be in the following form, to wit: "The common counsuch cases. cil of the village of Jackson complains of A. B., and says that the said A. B. justly owes to the said common council the sum of Form of plea &c. Exhibitions without li cense. dollars for certain penalties and forfeitures which the said A. B. has incurred, and is justly entitled to pay, by reason that the said A. B. did, on the in the year and at day of 66 divers other times within one year last past, in the village of Jackson, in the county of Jackson, in the state of Michigan, do and commit certain acts in violation of the laws relating to the village of Jackson, touching [here state the general nature of the act or acts complained of,] and therefore the said common council bring suit." And the defendant may plead thereto as follows, to wit: The said A. B. is not indebted to the said council as above alleged." And under such declaration evidence may be given of any violation of the provisions of this act of incorporation, or of any by-law or ordinance made in pursuance thereof; and judgment may be rendered thereon for so many distinct violations of the provisions of said act or the said by-laws or ordinances as shall be proven : Provided, No justice of the peace shall render judgment for a greater sum than one hundred dollars in any one suit; and under such plea the defendant may give any competent testimony in exculpation of such charge. And the court before whom such suit is brought and such judgmen: recovered, may forthwith issue an execution against the goods and chattels of the defendant, and for the want thereof against the body of the defendant, in like manner and with effect as similar executions may be issued under the laws of this state: Provided however, That any such defendant may, by one or more sufficient sureties, within five days stay such judgment and execution in the same manner and (with) like effect as other executions may be stayed by laws of this state: And provided also, That such suit, if before a justice of the peace, may be appealed to the county court as in other cases. Sec. 41. No person or persons shall exhibit within said village, any prohibited circus, menagerie, theatre or theatrical performance, or as common showmen, without being first duly licensed therefor by the common council, under a penalty of one hundred dollars for every offence, and to be imprisoned in the county jail for thirty days and until such penalty shall be paid or he shall be discharged by law; and the common council shall in no case grant a license to any circus for a less sum than twenty-five dollars per diem. Sec. 42. Any person offering to exhibit any such circus, theatre. theatrical performance, menagerie or as common showmen without Penalties for such license, may be forthwith arrested by the marshal or any other beach of the constable residing in said county, and brought before any court having jurisdiction thereof, and upon conviction thereof shall be fined the sum of one hundred dollars and stand committed to the county jail until paid or until he be discharged according to law. Sec. 43. No person shall be licensed to keep a billiard table or ball Billiard and ball aley, lialley or any pin alley within said village, by the common council, for cen-e &c, penalties. a less sum than twenty-five dollars, and any person keeping such billiard table, ball alley or pin alley without a license from the said common council therefor, shall forfeit and pay to the said village, the sum of twenty-five dollars for every day's offence. Any person who shall keep any gambling houses or places of resort for persons to gamble within said village, and all persons who shall resort to any such place and gamble or for the purpose of gambling, shall forfeit and pay for the use of said village a sum not to exceed twenty-five dollars for each and every offence. witnesses in suits where village is in terested. Sec. 44. In all prosecutions, processes and other proceedings where- Citizens in the common council of said village shall be a party, no inhabitant competent or citizen of said village shall be deemed an incompetent juror or witness on account of the interest of such inhabitant or citizen in the event of such proceedings: Provided, That such interest be only that which exists in common with the citizens of said village. Whenever any action or suit shall be commenced against said corporation, the same shall be commenced by summons, which shall be served by leaving a copy thereof with the recorder at his office, or in case of his absence therefrom, at his usual place of residence, at least six days before the return day thereof, and the recorder shall thereupon inform the common council thereof. Sec. 45. In all prosecutions for fines, penalties or forfeitures, as Process. provided for in this act, the first process may be by warrant or summons, and shall be served and returnable in like manner, and the same proceedings may be had, as near as may be, as other proceedings of a similar kind under the laws of this state. The police justice of said |